Excerpt: ...gligence, stemming from an accident on October 27, 2019. On February 13, 2024, Defendants State of California acting by and through the California Highway Patrol and Alfredo Gutierrez (collectively “Defendants”) filed this motion to bifurcate. No opposition has been filed. On February 28, 2024, the Court on its own motion, continued this hearing to April 10, 2024. Legal Standard “The court, in furtherance of convenience or to avoid prejudic...

Excerpt: ...eading or via proper judicial notice. ( Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant of the factual basis for ...

Excerpt: ...st Plaintiff National Robertson Carwash Care, Inc. (“Carwash Care”) (“Plaintiff”) as the prevailing party in the instant case. (Notice of Motion, pgs. 1-2; Civ. Code §1717.) Background On May 13, 2022, Plaintiff filed its complaint against Defendant in the instant action. On August 30, 2022, Plaintiff filed its first amended complaint (“FAC”). On March 15, 2023, this Court sustained Defendant's demurrer to Plaintiff's 1st through 8th...

Excerpt: ... action against Ford Motor Company (“\ Defendant”) on May 8, 2023. This motion is for $63,252.09 in attorneys' fees and costs f\ ollowing a settlement agreement entered into between the parties on December 11, 2023, which identified Plaintiffs as the prevailing parties. II. FACTUAL AND PROCEDURAL BACKGROUND On March 15, 2023, Plaintiffs submitted a claim through Defendant's third-party dispute resolution provider, the Better Business Bureau A...

Excerpt: ... is the sole member of Plaintiff 5110. Plaintiffs allege they obtained an insurance policy on the property th rough Defendant Scottsdale Insurance Company. Defendant B&B Premier Insurance Solutions, Inc., and its manager, Defendant David Kern, obtained the policy for Plaintiffs. Plaintiffs allege they informed Defendants that 5110 needed insurance including liability from claims and risks inherent in owning an apartment business renting to tenant...

Excerpt: ...tiff”) NOTICE: ok RELIEF REQUESTED: An order from this Court granting Kinetix's Demurrer and striking punitive damages and prejudgment interest against it in the Prayer for Relief. TENTATIVE RULING: The demurrer is OVERRULED. The Motion to Strike is GRANTED IN PART without leave to amend. BACKGROUND This action arises from allegations of sexual misconduct against Plaintiff during her physical therapy sessions. The named defendants include the a...

Excerpt: ...reaks in Violation of Labor Code § 226.7 · 14 th Cause of Action: Failure to Provide Meal Breaks in Violation of Labor Code § 226.7 · 15 th Cause of Action: Waiting Time Penalties Pursuant to Labor Code §§ 201 and 203 · 17 th Cause of Action: Breach of Contract in Violation of Civil Code Section 1549 Motion to Strike · Seventeenth Cause of Action for Breach of Contract · SECOND AMENDED COMPLAINT, ¶ 36: all references to “past situatio...

Excerpt: ...If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. On August 22, 2023, Gohar Babazadeh (“Gohar”) filed the operative First Amended Cross - Complaint for (1) breach of fiduciary duty (derivatively by Hayem's Daughters, Inc. (“HD”)), (2) breach of fiduciary duty (derivatively by Shalom Brothers Enterprises, LP (“SB”)), (3) breach of fidu...

Excerpt: ...nd through his guardian ad litem, Bertha Ramirez, ("Plaintiffs"), individually and as successors in interest to Lucas Obdulio Perez Vicente ("Decedent"), filed this action against defendants 1037 North Sycamore (Los Angeles) Owner, LP. ("1037 North"), CIM Group, L.P. ("CIM Group") and CIM Holdings, LLC ("CIM Holdings") (collectively, "Defendants") for wrongful death arising from work Decedent performed on Defendants' property, in which unsecured ...

Excerpt: ...M" or "Defendant") based on substantial defects and non -conformities to warranty, including but not limited to serious battery defects, in her new leased 2021 Chevrolet Bolt. The operative Second Amended Complaint ("SAC") alleges causes of action for fraud concealment, violations of Business & Professions Code §17200, and three causes of action for violations of the Song - Beverly Act. Discussion GM demurs to first and secon...

Excerpt: ...Relief 5. Promissory Estoppel 6. Violation of Business & Professions Code 1720 0 RULING : The demurrer is sustained without leave to amend as to the 1 st and 2 nd causes of action and overruled as to the 3 rd, 4 th, 5 th and 6 th causes of action. Answer is due within 30 days. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of foreclosure proceedings against property located at 9251 Notre Dame Avenue in Chatsworth, California (the Pr...

Excerpt: ...Baker”) and Stampede Way, LLC (“SW”) (jointly “Plaintiffs”) filed the instant legal malpractice and fraud action. On November 5, 2021, Plaintiffs filed the operative Second Amended Complaint (“SAC”) against Defendants Darrell Avis, InterSwiss Holdings Group, LLC, Swiss Management Group, LTD., Klueger & Stein, LLP, Jacob Stein, SwissGuard International, GMBH, SwissTrust International Inc., and SMG SwissTrust Holdings SA. On March 10,...

Excerpt: ...ffs Mehrdad Farkhan and Aila Farkhan (“Plaintiffs”) filed a Complaint against Defendants Felix Adalberto Sanchez (“Defendant”) and DOES 1 thro ugh 20, inclusive, alleging a cause of action for negligence. On February 6, 2024, Defendant filed an Answer to the Complaint, in which Defendant sets forth 15 affirmative defenses. On February 13, 2024, Plaintiffs filed a demurrer to the first, second, third, fourth, fifth, sixth, twelfth, thirtee...

Excerpt: ... amended complaint (“FAC). ¿ TENTATIVE RULING: The demurrer is overruled. Defendant to file and serve her answer to Plaintiffs' FAC within 30 days. BACKGROUND¿ This is a quiet title action in which Plaintiffs, a married couple and parents to defaulted defendant Heasuk O, allege that Defendant and Heasuk (collectively, “Defendants”) were in a romantic relationship together since 2004. (FAC ¶¶ 4, 7, 14.) On 9/20/13 , Plaintiffs purchased ...

Excerpt: ... counsel's motion to be relieved. Defendant now demurs to the second cause of action in Plaintiff's complaint, for general negligence. No opposition was filed. LEGAL STANDARD The primary function of a pleading is to give the other party notice so that it may prepare its case [citation], and a defect in a pleading that otherwise properly notifies a party cannot be said to affect substantial rights.” ( Harris v. City of Santa Monica (2013) 56 Cal...

Excerpt: ...r judicial notice. ( Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant of the factual basis for the claim against h...

Excerpt: ...d to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. On November 17, 2023, Plaintiff Maynor Galindo filed the operative First Amended Complaint against Defendants Phillips 66 Company, Raudell Covarrubias, and Heriberto Plascencia for (1) FEHA harassment, (2) FEHA discrimination, (3) FEHA retaliation, (4) FEH A failure to prevent misconduct, (5) negligent hiring and retention, (6) intentional infliction of emotional di...

Excerpt: ...Defendant, Mokhtar Jabli, for remaining in possession of the real property at 9010 Hopen Place, Los Ange les, California 90069 after failing to pay rent. Plaintiff served Defendant with a 3 -day notice to pay rent or quit. On February 23, 2024, Defendant filed this Demurrer to the Complaint. On April 2, 2024, Plaintiff filed an opposition. Plaintiff requests sanctions against Defendant for unnecessary delay occasioned by the filing of this demurr...

Excerpt: ...and an order to show cause why a preliminary injunction shall not issue. Plaintiffs seek an order enjoining Defendant Fahim Farivar from: (1) Interfering with a new membership meeting and election, (2) Attempting to intimidate or threaten any member of the congregation from requesting a new membership meeting and election, (3) Attempting to intimidate or threaten anyone in connection with voting in the election, and (4) “Holding a Board of Dire...

Excerpt: ...ifornia, LLC CASE HISTORY : • 12/04/23: Complaint filed. STATEMEN T OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an employment discrimination action that was filed on December 4, 2023. Plaintiff alleges that he was denied accommodations and wrongfully terminated for taking medical leave for cancer treatment. Plaintiff moves to specially set this matter for trial pursuant to Code of Civil Procedure section 36(d). TENTATIVE RULING: Plaintiff's M...

Excerpt: ...n February 23, 2023, Plaintiff filed a Complaint against Defendants Beverly Hills IT Services, Beverly Hills IT, and Mostafa Karabalei Ahmad Baboli aka Stephan Parsa (“Baboli”) (collectively “Defendants”) and DOES 1 through 50, alleging causes of action for: (1) misappropriation of trade secrets; (2) breach of promissory note; (3) breach of fiduciary duty; (4) breach of duty of loyalty; (5) unfair competition; (6) intentional interference...

Excerpt: ...ion for malpractice. On July 6, 2023, Plaintiff filed Notice of Lien. On March 1, 2024, Defendants filed their Demurrer to the Complaint. In support of their Demurrer, Defendants concurrently filed: (1) Memorandum of Points and Authorities; (2) Declaration of Andy Servais; (3) Proposed Order; and (4) Proof of Service. No opposition or other response has been filed to the Demurrer. ANALYSIS: I. Legal Standard “The party against whom a complaint ...

Excerpt: ...on the Pleadings The Court has considered the moving, opposition, and reply papers. The Court DENIES Defendant's Motion for Judgment on the Pleadings. Background Plaintiff R.K. filed this action against Defendant on May 19, 2022. The operative First Amended Complaint alleges causes of action for negligence and negligent hiring, training, and supervision, based on childhood sexual abuse while under the care of Defendant. Legal Standard A motion fo...

Excerpt: ... Complaint against Defendants Agent Alliance Insurance Company, Juana Elvia Contreras, and Katherine Anne Yording (collecticely “Defendants”) alleging bad faith, breach of contract, and negligence. On January 26, 2024, Defendant Agent Alliance Insurance Company (“Defendant”) filed the instant motion for summary judgment. On March 28, 2024, Plaintiff filed an opposition. To date, no reply has been filed. Discussion Plaintiff alleges he ren...

Excerpt: ...To the extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose…sanctions against any one engaging in conduct that is a misuse of the discovery process.” (Code Civ. Proc. section 2023.030.) The court may impose a terminating sanction for misuse of the discovery process by any...

Excerpt: ... December 12, 2022. Defendant now moves for judgment on the pleadings based on the Request for Admissions that were deemed admitted against Plaintiff. Plaintiff opposes and Defendant replies. LEGAL STANDARD The standard for ruling on a motion for judgment on the pleadings is essentially the same as that applicable to a general demurrer, that is, under the state of the pleadings, together with matters that may be judicially noticed, it appears tha...

Excerpt: ...f Iconic Hearts Holdings, Inc. T/R: DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR SUMMARY ADJUDICATION IS DENIED. DEFENDANTS TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self -represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. BACKGROUND On Septem...

Excerpt: ...nt. Plaintiff moves for summary judgment in his favor. Defendant's motion for summary judgment is granted. Plaintiff's motion for summary judgment is denied This case arises from Plaintiff's employment with Defendant City of Compton, originally as the City Attorney. (Compl. ¶¶ 8 -10.) Plaintiff transitioned to the role of City Manager in July 2019. ( Id. ¶ 14.) Plaintiff alleges that in February 2021, after negotiations, Plaintiff and Defendan...

Excerpt: ...ACTS AND/OR PROCEEDINGS: Plaintiff Chris Cowart (“Plaintiff”) commenced this action on August 23, 2021. He filed a First Amended Complaint on January 20, 2022, a Second Amended Complaint on June 2, 2022, and a Third Amended Complaint (“TAC”) on October 11, 2023. The TAC has one ca use of action for Wrongful Termination in Retaliation. Defendant LAC Metro (“Defendant”) filed an Answer to the TAC on December 12, 2023. Plaintiff alleges ...

Excerpt: ...sino, LLC should be prepared to discuss whether it intends to pursue its first amended cross-complaint. Defendants are to file a proposed judgment within five court days. The Court sets a nonappearance review date for April 25, 2024 at 8:30 a.m. Moving party to provide notice and to file proof of service of such notice within two court days after the date of this order. FACTUAL BACKGROUND This is an action for specific performance, breach of cont...

Excerpt: ...sino, LLC should be prepared to discuss whether it intends to pursue its first amended cross-complaint. Defendants are to file a proposed judgment within five court days. The Court sets a nonappearance review date for April 25, 2024 at 8:30 a.m. Moving party to provide notice and to file proof of service of such notice within two court days after the date of this order. FACTUAL BACKGROUND This is an action for specific performance, breach of cont...

Excerpt: ...ayments to be rejected, resultin g in no payment from customers. In August 2018, trial was separated in the following order: (1) the individual customers were to be tried first; (2) then Gilbarco; (3) then the payment processors (BAMS defendants); and (4) lastly, the customers' banks. Plaintiff's claims against the individual customers were tried in March 2019. Plaintiff's claims against Gilbarco were tried in March 2022. The March 2022 trial res...

Excerpt: ...roughout the course of the MRIs, result ing in severe burns, health complications, and eventually death. Plaintiffs allege that Decedent had a history of hypersensitivity to gadolinium and that Defendants were put on notice of Decedent's condition and should have been aware of the risks of gadolinium exposure in children. The complaint alleges causes of action for (1) medical malpractice, (2) medical malpractice- lack of informed consent, (3) med...

Excerpt: ...D This is an unlawful detainer action. On September 29, 2022, plaintiff Great New World Equity LLC (Plaintiff) filed this action against defendant Zhou's Investment & Management, Inc., dba The Noodle (Defendant), alleging the sole cause of action for unlawfu l detainer. On March 11, 2024, Plaintiff filed a motion for summary judgment. On March 27, 2024, Defendant opposed Plaintiff's discovery motions. Defendant has not opposed the motion for summ...

Excerpt: ..., 2024 RELIEF REQUESTED Plaintiff moves for summary adjudication as to his claim for quiet title. BACKGROUND This case arises out of Plaintiff Mikayel Israyelyan's (“Plaintiffs”) claim that Defendant Krikor Bardakjian (“Defendant”) improperly transferred property held by 485 Cliff Dr, LLC to himself. Plaintiff alleges that he and Defendant were both 50 percent members of 485 Cliff Dr, LLC and worked to purchase, invest in, and renovate pr...

Excerpt: ...z, for wage and hour violations. On November 14, 2022, Plaintiff served Quik Tow with Plaintiff's First Set of discovery, including Form Interrogatories – Employment Law (“Employment Interrogatories”). Quik Tow did not serve responses. On June 22, 2023, the court granted Plaintiff's motion to compel responses to the Employment Interrogatories. On December 22, 2023, the court granted Plaintiff's motion to compel further responses to the empl...

Excerpt: ...N (“MEHSERDJIAN”) (collectively, “Plaintiffs”) allege the following against Defendant SIM ON DAVID MCPHERSON (“MCPHERSON” or “Defendant”): On October 28, 2019, Heritage was formed with McPherson as the President, Mehserdjian as the Chief Financial Officer, and Harden as the Secretary. (Complaint ¶¶8, 11.) Each share an equal, one-third ownershi p share, comprising of 33.3% each. (¶12.) Around May 2023, McPherson allegedly start...

Excerpt: ...s and databases due to suspicion of potential identity theft. Kartch specifically represents that a business entity identified as DAGUT Group Inc., and agent for service David Gutierrez unlawfully uses Kartch's personal address in its corporate registration documents with the California Secretary of State. RULING: Continued. Petitioner David Kartch moves for relief pursuant to Civil Code section 1798.201: “A person who has learned or reasonably...

Excerpt: ...ugust 11, 2022, the Court dismissed the entire action without prejudice pursuant to Code of Civil Procedure § 581(b)(3), when Plaintiff did not appear for Non- Jury Trial. On August 22, 2023, Plaintiff filed the instant motion seeking to set aside the dismissal pursuant to Code of Civil Procedure § 473(b) and seeking reconsideration of the dismissal pursuant to Code of Civil Procedure § 1008. Legal Standard Under Code of Civil Procedure § 100...

Excerpt: ...ors, LLC, alleging that she purchased a defective 2017 Chevrolet Tahoe (the “Vehicle”) which Defendant's failed to conform to the Vehicle's express warranties. On July 20, 2023, Plaintiff filed the First Amended Complaint (FAC), asserting causes of action for: 1. Breach of Implied Warranty of Merchantability under the Song- Beverly Act 2. Breach of Express Warranty under the Song- Beverly Act 3. Breach of Express Warranty under California Com...

Excerpt: ...aintiff's requests for judicial notice are granted. Evidentiary Objections Plaintiff makes one evidentiary objection to the “Declaration of Hosea Paragraphs 1 – [sic]”. The objection is overruled. RE/MAX, LLC makes five objections to the declaration of Odalis Suarez. All five objections are overruled. Legal Standard for Summary Judgment A defendant moving for summary judgment or adjudication must show “that one or more elements of the cau...

Excerpt: ...int on May 26, 2022. Plaintiff alleges the following facts. Plaintiff is a former employee of Defendant. Plaintiff filed the instant Private Attorney General Act of 2004 ("PAGA") action on behalf of all current and former California- based hourly-paid or non -exempt employees of Defendant within the State of California. Plaintiff alleges the following violations: Failure to Pay Minimum and Overtime Wages; Failure to Provide Paid Sick Leav...

Excerpt: ...gainst Defendants, Russell S. Balisok (“Balisok”) and Balisok & Associates, Inc., arising out of Defendants' legal representation of Plaintiff in an underlying elder abuse a ction. On September 27, 2023, Plaintiff served Balisok with Set Two of basic discovery, including Request for Production of Documents (“RFP”). On December 27, 2023, Balisok served unverified responses to the RFPs. Plaintiff took issue with the lack of verification and...

Excerpt: ...position has been received. The court GRANTS Defendants' motion to compel compliance with subpoena duces tecum. Specialty Eye Center is ordered to produce the requested documents within twenty (20) days of this Order. Background This is a legal malpractice case. Plaintiff Lisa Berberian filed this action on October 5, 2022 against defendants Stephan Filip P.C. and Stephan Airapetian, alleging causes of action for (1) Professional Negligence; (2) ...

Excerpt: ...es 1 to 10 for negligence and negligent entrustment surrounding a motor vehicle accident. Plaintiffs alle ge that Matthew Ellison was driving the subject car, which was rented from and owned by The Hertz Corporation. Defendants Matthew Ellison and The Hertz Corporation (“Defendants”) now move to compel the depositions of Plaintiffs Eduard Davtyan and Grigor Davtyan (“Plaintiffs”). Defendants seek monetary sanctions. Plaintiffs oppose and ...

Excerpt: ...RY SANCTIONS IN THE AMOUNT OF $3,000 BACKGROUND This case arises from a dispute over an allegedly defective 2020 GMC Sierra Denali. On September 24, 2020, Plaintiff William Keating, Jr. (“Plaintiff”) purchased a new 2020 GMC Sierra Denali that Defendant General Motors, LLC (“Defendant”) manufactured. (Compl. ¶¶ 4 - 7.) It is further alleged that the sale of the subject vehicle was accompanied by express and implied warranties. (Id. at �...

Excerpt: ...Ds a. Procedural History The Court was originally scheduled to hear this motion on 2/29/24. The issue presented was whether Defendant must produce certain “incident reports” relating to the subject fall. The Court issued a tentative ruling granting the motion to compel further responses to RPDs, and ultimately requiring Defendant to produce the reports. The Court's tentative ruling was based on the fact that case law places the burden to show...

Excerpt: ...nt Rachel Cruz (“Rachel”) [1] and several students were lined up to “burn rubber” (i.e., engaging in sharp turns and driving recklessly around the lot at high speeds) when Decedent was thrown from the back of a truck driven by Rachel, sustaining blunt trauma to his head, feet, and legs , and, ultimately, leading to his death. Plaintiff presents that there were no security officers or school administrators present during the incident. On N...

Excerpt: ... 18PSCV00026 Plaintiff Meritage Homes of California, Inc. (“Meritage”) alleges as follows: Michael Barker International Inc. fka RBF Consulting (“MBI”) failed to properly perform engineering services in connection with the development of the Creekside residential subdivision in La Verne, California (“Creekside”). On October 12, 2018, Plaintiff filed a First Amended Complaint, asserting causes of action against MBI and Does 1-200 for: ...

Excerpt: ...r Responses to RFPs (Set One) (2) Motion to Compel Further Responses to RFPs (Set Two) (3) Motion to Compel Further Responses to Special Interrogatories (Set One) The Court considered the moving papers, opposition, and reply, as well as the parties' Joint Statement. Plaintiff's Motion to Compel Further Responses to RFPs (Set One) is GRANTED as to RFP Nos. 28 -34 and DENIED as to RFP Nos. 1- 27. Plaintiff's Motion to Compel Further Responses to RF...

Excerpt: ...nswered under oath.” (Code Civ. Proc., § 2030.010(a).) If a propounding party is not satisfied with the response served by a responding party, the former may move the court to compel further interrogatory responses. (Code Civ. Proc., § 2030.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.) The propounding party must demonstrate that the responses were incomplete, inadequate or evasive...

Excerpt: ...ilure to Prevent, and (9) Constructive Termination against Defendants Sood Enterprises, Inc. dba Jack in the Box 325 (“Sood”), Jose Aldana Garcia (“Garcia”), and DOES 1-50. On November 7, 2023, Defendants Sood and Garcia filed their joint Answer. On October 20, 2023, Defendant Reynaga filed his Answer. Bench Trial is currently set for August 5, 2024. (1)-(3) and (5)- (8) Rogs and RFPs Plaintiff now moves this court, per Code of Civil Proc...

Excerpt: ...on agreement. The Court would otherwise grant the motion under the third-party beneficiary exception, but AHM should have filed this motion within weeks of receiving plaintiff's August 2023 discovery responses. ¿ I. BACKGROUND¿¿ ¿¿ A. Factual ¿¿ ¿¿ On June 9, 2023, Plaintiff, Jason Robert Meader (“Plaintiff”) filed a Complaint against Defendants, American Honda Motor Co., Inc, and DOES 1 through 10. The Complaint alleges causes of ac...

Excerpt: ...sign Inc. (“DSD”), Wilmer Rolando Cruz Lopez, and Babken Ovsepian for damages arising out of a motor vehicle accident, specifically when she collided with a Ford F250 carrying concrete. DSD now moves for an order compelling Plaintiff to attend a mental examination with psychologist/neuropsychologist Kyle B. Boone, Ph.D., ABPP-ABCN, (“Dr. Boone”) at 24564 Hawthorne Boulevard, Suite 208, Torrance, CA 90505. Plaintiff opposes the motion, and...

Excerpt: ...ought by Plaintiff Christopher Go and staying this matter until arbitration has been conducted in accordance with the Order to Arbitrate; an d (2) An order imposing monetary sanctions in the amount of $8,530.00 against Plaintiff Christopher Go and his counsel pursuant to CCP 128.7 . RULING : The motion to compel arbitration and stay this action is granted. The motion for sanctions is denied. SUMMARY OF ACTION AND PROCEDURAL HISTOR Y This action a...

Excerpt: ...dispute. Introduction Defendant Peggy Nipar, Trustee of the Charles A. Orwick, III Trust of 2001 and the Charles A. Orwick Charitable Remainder Trust (Defendant or Orwick) moved for summary judgment (MSJ) and alternatively for summary adjudication (MSA) against Plaintiff Tom Gr immett, trustee of JP's Nevada Trust's Second Amended Complaint (SAC). The MSJ/MSA placed into issue the first cause of action (COA) for fraud, the fourth COA for declarat...

Excerpt: ...aintiffs') filed the Complaint in this action on September 14, 2022, followed by a First Amended Complaint and Second Amended Complaint (“SAC”). At the time of the incident, Sebastian was 5 years old and Lincoln was 9. In the SAC, Plaintiffs assert claims against City of South Pasadena (“City”); National Association of Town Watch, Inc. (“Town Watch”); and Does 1 through 100. Plaintiffs include in their SAC four causes of action for st...

Excerpt: ...edly falling after being transported to her home from a health care facility. Plaintiff now moves for an order granting a preferential trial date in this action, pursuant to Code of Civil Procedure section 36, subdivision (a) (“Section 36(a)”), and alternatively under section 36(e), for trial within 120 days from the date of this he aring. Defendant OMID ADHC Corporation (“Defendant”) opposes and Plaintiff replies. A Non -Jury Trial is cu...

Excerpt: ...he court will inquire whether the sanctions were paid. This is a landlord -tenant action filed by the tenant against the landlords. Although plaintiff has not lived in the unit for some time due to alleged hazardous conditions, she has continued to maintain legal possession of the unit. At issue in this motion is an inspection done by her expert. Although plaintiff has possession of her unit, and she has legal access to common spaces, she does no...

Excerpt: ...nctioned, jointly and severally with counsel, $3,500.00. Plaintiff is directed to address all metadata issues associated with its two most recent productions, within 30 days of entry of this order. If Plaintiff failed to resolve this issue, One Day Defendant may renew its request for an OSC: re contempt. On April 21, 2022, Plaintiff CBD Franchising, Inc. (“Plaintiff”) filed a complaint against Defendants Central Jersey Doors & Closets, LLC, M...

Excerpt: ... a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” ( Aguilar v. Atlantic Richfield Co . (2001) 25 Cal.4th 826, 843.) “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contend...

Excerpt: ... of action are: 1. Forcible Entry; and 2. Forcible Detainer. Defendant has filed a motion requesting summary judgment against Plaintiff, or summary adjudication of the Affirmative Defense of Abandonment. Plaintiff opposes the motion. LEGAL STANDARD In moving for summary judgment or summary adjudication, a “defendant . . . has met his or her burden of showing that a cause of action has no merit if the party has shown that one or more elements of...

Excerpt: ...y judgment on its claims, or summary adjudication of the following issues: 1) Defendant Sanderson's obligation under the parties' lease agreement to pay rent to Plaintiff between April 2020 and December 2020 was not excused due to the COVID-19 pandemic and resulting government orders; 2) Defendant Sanderson abandoned the Premises on November 25, 2020; and 3) Defendant Sanderson's fixed- term lease for the premises expired on December 31, 2020. Pl...

Excerpt: ...2413 Dardeene Street, Calabasas, CA 91302 (the “Subject Property”). On January 10, 2024, Plaintiff Arkas LLC (“Plaintiff”) filed a Verified Complaint for Unlawful Detainer (the “Complain t”) against Defendants Lloyd Douglas Dix aka Lloyd Dix, Mary Linda Dix aka Mary Dix, Michael Alexander Dix aka Michael Dix, All Unknown Occupants, Tenants, and Subtenants (collectively “Defendants”), and DOES 1 through 20, inclusive. The Complaint...

Excerpt: ...ppear by LACourtConnect rather than in person due to the COVID-19 pandemic. On June 1, 2022, Plaintiff Diego Mejia Duarte filed the operative Complaint for violations of the PAGA against Defendant Apple, Inc. Defendant now moves for summary judgment on the ground that Duarte does not have standing because he did not suffer any Labor Code violations. Specifically, Defendant argues that “Plaintiff identified the following items that he claims sho...

Excerpt: ... Sims and Panjwani are OVERRULED. Both Sims and Panjwani present adequate foundation in personal knowledge, based on their positions and ordinary job duties, for their familiarity with the policies and practices of the Probation Department's Disability Management and Compliance Unit (or Return- to-Work Unit). Plaintiff does offer meritorious objections to portions of these declarations, to the extent they purport to rely on records related to Pla...

Excerpt: ...g summary judgment, or, in the alternative, summary adjudication in favor of Plaintiff and against Defendant. TENTATIVE RULING: The unopposed motion is granted. BACKGROUND¿ This is a collections action in which Plaintiff alleges that on 6/24/21, Defendant executed a loan agreement “ in the principal sum of $20,000.00, which was payable in monthly installment payments of $411.58, beginning on August 8, 2021, with one final payment of $411.18, d...

Excerpt: ...��Wesley”) (“Plaintiff”) 6th, 7th, and 15th causes of action in his second amended complaint. (Notice Motion, pg. 2.) Defendant moves in the alternative for summary adjudication of Plaintiff's 6th [ Issue 1], 7th [Issue 2 ], and 15th [ Issue 3] causes of action, and Plaintiff's claim of punitive damages [ Issue 4]. (Notice Motion, pg. 2; C.C.P. §437c.) Evidentiary Objections Defendant's 4/4/24 evidentiary objections to the Declaration of C...

Excerpt: ...es, Set One; Request for Monetary Sanctions Moving Party: Plaintiff Manley Thomas Responding Party: Defendant Parvis Sharaf Notice: OK Tentative Ruling: Plaintiff Manley Thomas' Motion to Compel Defendant Parvis Sharaf's Responses to Request for Production for Documents, Set One is GRANTED. Plaintiff Thomas's Motion to Compel Defendant Parvis Sharaf's Responses to Special Interrogatories, Set One is GRANTED. Plaintiff Manely Thomas' Motio...

Excerpt: ...nts and things in plaintiff's possession, custody, or control, whi ch are responsive to defendant's request, within 15 days. The court orders that plaintiff pay defendant a monetary sanction in the amount of $1,190 within 30 days. BACKGROUND On July 25, 2023, plaintiff Artemio Salas filed a complaint against Sandi Flores for (1) quiet title, (2) breach of contract, (3) recovery by one under the doctrine of estoppel, (4) declaratory relief, and (5...

Excerpt: ...or breach of contract and common counts against Defendant Wenxuan Fan (“Defendant”). Following Defendant's failure to file a responsive pleading, the Court entered their default on October 11, 2023. Default Judgment was entered on November 28, 2023. Defendant filed the instant Motion to Vacate Default and Default Judgment on March 18, 2024. Plaintiff filed an opposition on March 27, 2024 and Defendant replied on April 2, 2024. Discussion The ...

Excerpt: ...th of the matters in the request for admissions served on Defendant Meza. Plaintiff's request for sanctions is GRANTED in part. The Court orders Defendant Juan C. Meza and counsel of record Jenny L. Foley to pay sanctions in the amount of $460, jointly and severally, to Plaintiff's counsel within 20 days of this order. Moving party is ordered to give notice. Discussion On December 4, 2023, Plaintiff served Form Interrogatories, Special Interrogat...

Excerpt: ...n The court has considered the moving papers. No opposition has been received. The court GRANTS Defendant Mission Critical Restoration Services, Inc. dba Servpro of Torrance's motion for site inspection. The site inspection of Plaintiffs' premises shall occur within 30 days of this Order. Also, the court GRANTS the request for monetary sanctions against Plaintiffs and their attorney of record, jointly and severally, in the reduced amount of $622....

Excerpt: ... and David M. Rosenthal (Rosenthal) (jointly, Defendants) for their allegedly false depiction of Plaintiff in the film entitled, “No Limit” (Film). On November 21, 2023, Defendants filed a Special Motion to Strike the Complaint pursuant to Code of Civil Procedure section 425.16 (Anti -SLAPP motion). Plaintiff opposes the Anti -SLAPP motion. [1] The special motion to strike pursuant to Code of Civil Procedure section 425.16 is granted. Defenda...

Excerpt: ...ion against Defendants Kambiz Zarnegar, 21st Santa Monica Investments, LLC, and “All Persons Unknown, Claiming Any Legal Or Equitable Right, Tit le, Estate, Lien, Or Interest In The Property Described In The Complaint Adverse To Plaintiffs' Title, Or Any Cloud Upon Plaintiffs' Title Thereto,” alleging (1) Fraud; (2) Breach of Fiduciary Duty; (3) Constructive/Resulting Trust; (4) Accounting; (5) Negligence; (6) Violation of California Business...

Excerpt: ...email the courtroom at [email protected] with notice to opposing counsel (or self -represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. “A party seeking discovery of a peace officer's personnel records must follow a two -step process. First, the party must file a written motion describing the type of records sought, supported by ‘[a]ffidavits showing good cause for ...

Excerpt: ...oner Bill Me Later, Inc., a Delaware corporation, as servicing agent for WebBank (Petitioner) filed a petition against respondents Vision Trading Corporation d/b/a Xenon -Vision, HID -Warehouse, and Pho uc Van To (collectively, Respondents) to confirm a contractual arbitration award made on December 21, 2023. Respondents did not respond to or oppose the petition. LEGAL STANDARD “Any party to an arbitration in which an award has been made may pe...

Excerpt: ...aintiff alleges that her 2022 Tesla Model 3 suffers from widespread defects including: body system, powertrain system, safety system, electrical system, braking syste m, and noise system. Plaintiff alleges the following causes of action: 1. Violation of Civ. Code 1793.2(d); 2. Violation of Civ. Code 1793.2(b); 3. Violation of Civ. Code 1793.2(a)(3); 4. Breach of Express Warranty of Merchantability Under the Song-Beverly Warranty Act; 5. Breach of...

Excerpt: ...ce in Venice, California. The court has read and considered the moving papers, oppositions, and reply, and renders the following tentative decision . A. Statement of the Cas e 1. Petitio n Petitioner Citizens �iled the veri�ied Petition and Complaint (“Petition”) on October 7, 2022, alleging causes of action for administrative mandate and for declaratory and injunctive relief. The Petition alleges in pertinent part as follows . The Projec...

Excerpt: ...ated activity in this litigation (“the Order”). The Defendants are Farmers Insurance Exchange, Fire Insurance Exchange, Truck Insurance Exchange, Mid -Century Insurance Company, and Farmers New World Life Insurance Company (collectively, “Farmers”) and Arnoldo Jaquez. As relevant here, the dates listed in the Order include Friday September 15, 2023, Sunday, September 24 through Monday, September 25, 2023, Saturday, September 30 through Su...

Excerpt: ...ust 21, 2023 is set aside and vacated. BACKGROUND On March 1, 2023, Andy Guy filed a complaint against Timothy Roth and Roth Management Group for (1) breach of contract, (2) fraud – concealment, (3) intentional misrepresentation, and (4) conversion. On August 21, 2023, a Request for Dismissal was filed and the case was dismissed with prejudice. It is that Dismissal that Plaintiff now seeks to have vacated on the basis that he did not authorize ...

Excerpt: ...ber 10, 2023, Plaintiff, American Express National Bank, filed a complaint against Defendants, Jonathan Dahan and MMC Agency Inc. On December 12, 2023, Plaintiff filed the parties' Stipulation for the Court to Dismiss the Case and Retain Jurisdiction Pursuant to Code of Civil Procedure Section 664.6 (“Stipulation”). On the same day, the court dismissed the case without p rejudice and retained jurisdiction to enforce the terms of the settlemen...

Excerpt: ...nt 727 Westbourne Vila B, LP, and managed by Defendant Moss Management Services. Before April 2022, Def endant Westbourne Venture owned the property, and Defendant Shapiro Property Management managed it. During Plaintiff's tenancy beginning in 2015, Plaintiff alleges his unit has exhibited habitability issues and substandard conditions, including insect infestation and intermittent disruptions to water supply and electricity, among other things. ...

Excerpt: ...; COVELLO INVESTMENTS, LLC, a California Limited Liability Company; CHASE MEDICAL ASSISTING AND SUPPLIES, INC., a California Corporation; CARE EVOLUTION, INC., a California Corporation; B LUEBELL FARMS, INC., a California Corporation; JULIA PERLMAN, an Individual; MICHAEL PERLMAN, an Individual; IGOR DEKHTERMAN, an Individual; and DOES 1 - 100, inclusive; Defendants. Case No.: 23STCV12977 Hearing Date: 4/09/24 Trial Date: 2/25/24 [TENTATIVE] RULI...

Excerpt: ...y. Background This personal injury lawsuit arises out of a motor vehicle accident which occurred on June 1, 2022. The Complaint alleges that Plaintiff Fernando Ortiz Baeza (Plaintiff Baeza”) was injured by Defendant Ricardo Padilla Zamora who was operating a commercial vehicle without a Class A license. The Complaint alleges that Defendant West Wind Logistics, Inc. (“Defendant West Wind Logistics”) owned the vehicle driven by Zamora and kne...

Excerpt: ...ntiff”) filed a Complaint against Defendants Raphael Berry, Samir Berry, Berri's Pizza Café, LLC (“BPC”), RHB Group, LLC ( “RHB”), Morisani Enterprises (“Morisani”) (collectively “Defendants”) and DOES 1 through 10, inclusive, alleging causes of action for: (1) breach of written contract, (2) common count: goods and services rendered, (3) account stated, (4) quantum meruit, and (5) unjust enrichment. On June 13, 2023, default w...

Excerpt: ...dismissed the City without prejudice at Plaintiff's request. On December 4, 2023, the County filed an answer. On March 8, 2024, the County filed motions (1) to compel Plaintiff's responses to request for production of documents, set one, special interrogatories, set one, and form interrogatories, set one, (2) to deem admitted matters specified in requests for admi ssion, and (3) to award sanctions. Plaintiff has not filed oppositions. On March 20...

Excerpt: ...learned that Plaintiff had passed away. (Motion, 3.) Believing that Plaintiff had no successor in interest, Plaintiff requested that the action be dismissed without prejudice. On July 13, 2023, the Court entered dismissal. On January 10, 2024, Plaintiff filed this motion to set aside the dismissal pursuant to Code of Civil Procedure section 473(b). No opposition has been filed. LEGAL STANDARD Under Code of Civil Procedure section 473(b), the Cour...

Excerpt: ...ilable to Dr. Matian to set aside the clerk's default. Accordingly, Dr. Matian's motion is denied. Section 473(d) authorizes trial courts to set aside any void judgment or order. A judgment or order may be shown to be void on its face for Section 473(d) purposes “when [its] invalidity is apparent from an inspection of the judgment roll or court record without consideration of extrinsic evidence.” (Pittman v. Beck Park Apartments (2018) 20 Cal...

Excerpt: ...Connect rather than in person due to the COVID-19 pandemic. This is an employment action. On February 16, 2024, Defendant Jobsource Downey, Inc. filed a motion to withdraw its admissions to Plaintiff Jasson Reyes Lopez's requests for admission nos. 2, 4, 6, 12, 14- 16, and 19-22. In that Motion, Defendant's agents , Carmen Ruiz and Stephany Torres, indicate that they incorrectly admitted these requests. Their declarations state that “The respon...

Excerpt: ...enied. 2. Cross- Complainant Maryam Rouillard's Motion to Quash and/or Limit Deposition Subpoena to JP Morgan Chase Bank for Production of Business Records is GRANTED in part [i.e., as to Categories Nos. 19 -24] and otherwise DENIED. Rouillard's alternate r equest to limit the deposition subpoena is GRANTED in part [i.e., as to Categories Nos. 6 -16], DENIED in part [i.e., as to Categories Nos. 17 and 18] and is otherwise DENIED as MOOT [see belo...

Excerpt: ...ence arising from an automobile ac cident occurring on January 8, 2020, on Benedict Canyon Drive in Beverly Hills. On October 17, 2023, Plaintiff filed a proof of service stating that Defendant Galeas was served by substitute service on his wife at his home on October 13, 2023, followed by mail service on October 17. On November 17, 2023, counsel purporting to represent Defendants Angel and Galeas (specially appearing) filed this motion to quash ...

Excerpt: ...�Meixi”). A t the time Meixi was born and to date, F. Li was and has been married to another woman. On July 27, 2012, F. Li purchased and gifted the subject property to Liu to help Liu since she was raising Meixi by herself. Prior to and upon closing of the escrow of the subject property, F. Li told Liu that he had purchased the subject property for her and was giving it to her. F. Li told Liu he would transfer title to the subject property at ...

Excerpt: ...ary 18, 2024. Counsel for defendant submitted on the Court's tentative ruling. Counsel for Plaintiffs was registered to appear but did not. Plaintiffs appeared in Court indicating they wished to conte st the motion. Since Plaintiffs' counsel did not appear and failed to contact the Court, the motion was placed off calendar. Plaintiffs' counsel then filed this motion on January 22, 2024. No opposition has been filed. LEGAL STANDARD Pursuant to Cod...

Excerpt: ...otion to Dismiss for Failure to Join Indispensable Parties is DENIED. EZBanc is not an indispensable party in the instant suit and Defendant has an adequate remedy in filing a cross -complaint against alleged joint t ortfeasor EZBanc. Defendant William Samoska's RJN is GRANTED. I. Failure to Joint Indispensable Party Pursuant to CCP § 389 Within CCP § 389(a)'s first clause, or the “complete relief” clause, the statute “focuses not on whet...

Excerpt: ...ervision, or retention of employees (Gov. Code, §§ 815.2, subd. (a), 820, subd. (a)). On April 5, 2022, the Court appointed Van Nguyen to act as Plaintiff's guardian ad litem. On June 22, 2022, LAUSD filed an answer. On December 2, 2022, Plaintiff amended the complaint to add Defendant Veronica Guinez (“Guinez”) as Doe 1. On December 5, 2022, Plaintiff amended the complaint to add Defendant Austyn Chade (“Chade”) as Doe 2. On January 23...

Excerpt: ...defendants Los Angeles County Metropolitan Transportation Authority (“LACMTA”) and Anuja Rane (“Rane”) for injuries arising from a March 15, 2022 collision between LACMTA's bus and Rane's motor vehicle (the “Taylor Action”). Taylor alleges he was a passenger on the b us, and that both LACMTA and Rane operated their respective vehicles in an unsafe manner. Rane filed his own action against LACMTA and Jon Paul Jimenez (Doe 1), Case No. ...

Excerpt: ..., California 90706 and 11829 Arkansas Street (collectively “the Properties”). Plaintiff dismissed his complaint against Defendant on August 11, 2021. On January 29, 2019, Defendant filed a cross- complaint against Plaintiff for: 1. Breach of Fiduciary Duty 2. Conversion 3. Waste 4. Unj ust Enrichment 5. Constructive Trust 6. Intentional Misrepresentation 7. Intentional Infliction of Emotional Distress and 8. Declaratory Relief. Default was en...

Excerpt: ... her job as a part -time medical screener for Defendant Octapharma Plasma, Inc. (“Defendant”). The operative First Amended Complaint (“FAC") was filed on July 3, 2023. On October 5, 2023, Plaintiff served her Request for Production of Documents (Set Two). Defendant OPI served responses on November 6, 2023. In this motion to compel, Plaintiff argues the responses were unverified and, therefore, untimely. (Cooper Decl., ¶ 8.) Legal Stand...

Excerpt: ...AC alleges that “[o]n or about April 24, 2020, plaintiff Rosa M. Kingsbury was on the premises of defendants' grocery store for the purpose of purchasing groceries. Defendants maintained the premises in an unsafe condition as pallets were present whic h were unstable and maintained in a manner where customers could and were harmed. Plaintiff Rosa M. Kingsbury attempted to obtain products and the pallet gave way causing serious physical injuries...